Frequently Asked Questions

Business Dispute: My business partner has signed us up to a contract I don’t agree with. Are we bound by it? Probably yes – a partner has the ability to bind the entire firm.However, if you think the contract shouldn’t have been entered into – or you have a written partnership agreement which would limit the ability to enter into contracts of a certain value unilaterally – you might have…

Personal Injury: Will I need to attend Court? The vast majority of personal injury claims settle without the need to go to Court unless settlement cannot be agreed either in respect of who is responsible for your accident or separately the value of your claim.

Business Dispute: Should I have a written partnership agreement? Yes. In the absence of a written agreement there’s the risk of argument as to what was agreed between the partners, and the law can impose things which you would otherwise never have intended.The costs of trying to fix a problem will be significantly more expensive than having a proper agreement in place at the outset to minimise the risks of…

Business Dispute: What types of company disputes do you deal with? We deal with a wide spectrum of business disputes, including:- Director disputes- Breach of director duties- Shareholder duties- Breach of shareholder agreements- Unfair prejudice petitions- Minority shareholder protection- Conflicts of interest- Insolvency disputes- LLP and partnership disputes

Personal Dispute: What is Professional Negligence? You may consider that you received bad advice or that you did not achieve what you set out to achieve. Professionals are duty bound to provide their services to a required standard. If you instructed a professional and they failed to fulfil their role to that required standard you may be able to bring a claim against them if you suffered a loss as…

Business Dispute: What should I do if I am a director or shareholder in dispute? It is important that you take expert advice at the earliest opportunity. Taking no action could be construed as agreeing to the action taken by the other parties involved, or there may be specific time limits to take action. It is important to seek advice at the earliest opportunity.

Personal Dispute: What professionals can I make a claim against? A professional is a person who is considered to have particular expertise and skills in the services they provide.Examples of professionals you may be able to make a claim against include:- Accountants- Financial advisors- Solicitors- Barristers- Surveyors- Builders- Engineers- Architects- Insurance brokers- Professional trustees

Business Dispute: I’ve fallen out with my co-business owner, what are my options? There are many possible options that might be available if formal court action is necessary. These range from applying to the court for declarations up to winding-up the business. However, winding-up any business is a significant step. We actively encourage ways of Alternative Dispute Resolution between business owners to either find a joint way forward or, potentially,…

Personal Dispute: How long do I have to make a Professional Negligence Claim? The usual limitation period and starting point in most professional negligence cases is six years from the date of the negligence.However, if you only became aware of the loss and damage at a later date this could be extended. In those cases the limitation period is three years from the date of knowledge of the facts which…

Corporate and Commercial: What are articles of association? Think of these as the constitution or rule book of the company. All UK companies are required to have articles of association, although not all shareholders and directors are aware they exist(!). They can be in a standard form (known as Model or Table A articles) or tailored to cover the bespoke requirements of companies, covering areas including: directors powers, meeting requirements…